A defendant shall be punished by imprisonment for one year.

Punishment of the crime

From January 5, 2016, the Defendant served as the head of the business office of Gangnam-gu Seoul Metropolitan Government C and C and C, and was in charge of the lending and sale of crowdfunding.

From May 2016, the Defendant, from around May 2016, was in charge of the business of lending and the collection of sales lending fees, had received from customers into his account, not the victim’s company’s account, or attempted to receive and use them for personal purposes by cash.

Accordingly, on July 1, 2016, the Defendant received KRW 2 million from the customer E of the victim company in the name of a new bank account (Account Number F) under the name of the Defendant, and used it for personal purposes at that time, and embezzled it for personal use during the period from May 15, 2016 to December 27, 2016, as shown in the attached list of crimes, as shown in the attached list of crimes, as the Defendant received total of KRW 139,529,000 from the customer E and embezzled it in the name of a total of 104 times from the customer to December 27, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A copy of each set of vehicles;

1. Inquiry about liquidity transactions, and application of Acts and subordinate statutes on financial transactions of the principal;

1. The relevant Article of the Criminal Act and Articles 356 and 355(1) of the Criminal Act ( comprehensively referred to as “the grounds for sentencing of imprisonment”) concerning criminal facts;

1. The scope of punishment by law: Imprisonment with prison labor for one month and ten years;

2. Application of the sentencing criteria;

(a) Determination of types: Type 2 of embezzlement and Misappropriation (not less than KRW 100 million, but less than KRW 500 million);

(b) The territory of recommendation and the scope of punishment: Basic area, imprisonment with prison labor for one year and three years.

3. Normal circumstances favorable to the determination of sentence: The defendant's age, reflectivity, portrait, and damage amount (as approximately KRW 35 million), which are unfavorable to the recovery of a confession, reflectivity, and damage amount (as a result, approximately KRW 35 million): Unagreement, the extent of damage resulting from unrecied recovery exceeds KRW 100 million, most of the embezzled money would have been consumed by entertainment expenses, etc., and other circumstances;